They can charge you with it if a reasonable person would believe you were drinking. Usually just your breath smelling like alcohol is enough. Other facts could be you stumbling, vomitting, glassy/blood shot eyes, or slurred speech.
Your accusor does not need to be present until your trial.
If you do not understand what is going on, you should hire a private attorney, or if you can not afford one, you should request a public defender.
Answered on Oct 13th, 2013 at 7:43 PM